Tag: AI Law

  • How to Assess if you Need an AI Risk Audit

    How to Assess if you Need an AI Risk Audit

    AI is amazing and if you have worked with it you know what the future holds. However as the Amazing Spiderman’s uncle said “With Great Power, Comes Great Responsibility.” Truer words were never spoken when it comes to AI! Just last week the

    Head of Open AI Sam Altman dissolved the group he setup just one year ago to protect us from the risks of AI. So, who is in charge of guarding the proverbial Open AI hen house when the boss doesn’t seem to care about anything but profits?

    You should. If you’re in the C-Suite or management you have already seen the power of AI. Some of the risks are quite apparent and obvious. Many of the risks are unknowable but many more have been identified and AI Risk Management best practices are becoming a “thing.”  So what is an AI Risk Mitigation audit? What do they do? How do I know if I need one?

    Let’s go back to the future as Michael J Fox would say! An AI Risk Audit is a comprehensive assessment of the risks associated with the deployment and use of artificial intelligence (AI) systems within an organization. It aims to identify potential vulnerabilities, ethical concerns, and operational risks related to AI technologies. Let’s delve into the details:

    An AI Risk Audit involves evaluating the entire AI lifecycle, from development to deployment, to ensure that your AI systems are trustworthy, secure, and aligned with organizational goals.

    Here are the key components of an AI Risk Audit:

    1. Risk Assessment:
      • Identify and assess risks specific to AI technologies, including biases, privacy violations, security breaches, and unintended consequences.
      • Evaluate the impact of AI on stakeholders, such as customers, employees, and the broader society.
    2. Governance and Policies:
      • Review existing policies and governance frameworks related to AI.
      • Develop or enhance policies that address AI risks, ethical considerations, and compliance requirements.
      • Prepare human resource guidelines for AI use by employees and get written sign off they understand the policies.
    3. Data Quality and Bias:
      • Analyze training data for biases and fairness issues. (Especially in HR)
      • Ensure that data used for AI model training is accurate, representative, and free from discriminatory patterns.
      • Where is the data going? Where is it coming from? How are you protecting your data from intrusive AI?
    4. Model Validation and Testing:
      • Validate AI models using robust testing methodologies.
      • Assess model performance, interpretability, and robustness.
    5. Explainability and Transparency:
      • Evaluate the transparency of AI decision-making processes.
      • Implement techniques to make AI models more interpretable.
    6. Security and Privacy:
      • Assess the security of AI systems, including protection against adversarial attacks.
      • Address privacy concerns related to data handling and model outputs.
      • Review employee use of data, what software they are authorized to use and what they are using that is not authorized – potentially harmful.
    7. Complete Scorecard of AI Risk
      • Rank all AI’s being authorized for risk.
      • Rank all AI’s being used but not authorized for risk.
      • Current state AI Risk scorecard and score after applying risk mitigation strategies.
    8. Ethical Considerations:
      • Examine the ethical implications of AI, such as fairness, accountability, and transparency.
      • Ensure that AI aligns with organizational values and societal norms.

    The majority of companies have not completed an AI risk assessment and many of the corporate lawyers are trying to figure out what is “going to be legal” vs. what won’t. Since there is so little precedent and many of the laws are being written, how do you know if you should complete an AI audit?

    Five ways to assess if your organization should consider an AI audit:

    1. Complexity of AI Systems:
      • If your business relies on complex AI models, such as deep learning neural networks, natural language processing (NLP), or reinforcement learning, an audit is essential.
      • Complex models are more prone to biases, errors, and unintended consequences. An audit helps identify and mitigate these risks.
    2. Data Sensitivity and Impact:
      • Consider the sensitivity of the data used by your AI systems. If they handle personally identifiable information (PII), financial data, or health records, an audit is critical. Government compliance is coming…
      • Assess the potential impact of AI decisions on individuals or society. High-impact decisions warrant thorough scrutiny. Ethics are important.
    3. Regulatory Compliance:
      • States are putting their own laws in place before the fed does. Until then there will be a patchwork of AI laws (like in Colorado last month) that are going to be easy to trip over.
      • Stay informed about AI-related regulations in your industry and region. Many sectors have specific requirements for AI transparency, fairness, and accountability.
      • If your business operates in a regulated environment, an audit ensures compliance.
    4. Ethical and Social Implications:
      • Evaluate the ethical implications of your AI systems. Are they aligned with your organization’s values and societal norms?
      • Consider the impact on fairness, privacy, and human rights. An audit helps address these concerns.
    5. Business Goals and Risk Tolerance:
      • Align AI audit decisions with your business goals. If AI plays a critical role in achieving those goals, an audit is necessary.
      • Assess your risk tolerance. If your organization cannot afford AI failures (financially, legally, or reputation-wise), prioritize an audit.

    Five Legal Reasons an AI Risk Audit maybe Needed:

    1. Mitigate Legal and Reputational Risks:
      • Organizations face legal consequences if AI systems violate privacy laws or discriminate against certain groups.
      • A thorough audit helps prevent legal disputes and protects the organization’s reputation.
    2. Avoid Bias and Discrimination:
      • Human resources must monitor and ensure their AI is not discriminating in hiring or firing. The consequences of failure will be legally expensive.
      • Biased AI models can perpetuate discrimination and harm marginalized communities.
      • An audit identifies bias and allows corrective actions to be taken.
    3. Enhance Trust and Stakeholder Confidence:
      • Transparent and accountable AI systems build trust among customers, employees, and investors.
      • An audit demonstrates commitment to responsible AI practices. Employees see it as well as customers
    4. Optimize Performance and Efficiency:
      • Identifying risks early allows for timely adjustments, improving AI system performance. This needs to be ongoing. It isn’t set it and forget it.
      • Efficient AI systems lead to better business outcomes.
    5. Stay Ahead of Regulatory Changes:
      • Governments are increasingly regulating AI technologies.
      • Europe is first up with AI Laws, US States second and Fed likely last.
      • An audit ensures compliance with evolving regulations.
      • Piece of mind for C-Suite – An AI Risk Audit allows a good sleep with fewer Terminators popping up in bad places.

    Remember that AI Risk Audits are not one-time events; they should be conducted periodically to adapt to changing risks and advancements in AI technology.

    Evaluating whether your business needs an AI audit is crucial for ensuring responsible and effective AI deployment. The tips we provided for understanding where risk maybe, what to look for and then a score card type risk assessment needs to be maintained and upgraded on a regular basis.

    AI is here to stay (unless the Dune movie scenario takes out all the “thinking machines”). Prepare appropriately or suffer the consequences of AI gone rogue (shudder).

    AI is amazing and if you have worked with it you know what the future holds. However as the Amazing Spiderman’s uncle said “With Great Power, Comes Great Responsibility.” Truer words were never spoken when it comes to AI! Just last week the

    Head of Open AI Sam Altman dissolved the group he setup just one year ago to protect us from the risks of AI. So, who is in charge of guarding the proverbial Open AI hen house when the boss doesn’t seem to care about anything but profits?

    You should. If you’re in the C-Suite or management you have already seen the power of AI. Some of the risks are quite apparent and obvious. Many of the risks are unknowable but many more have been identified and AI Risk Management best practices are becoming a “thing.”  So what is an AI Risk Mitigation audit? What do they do? How do I know if I need one?

    Let’s go back to the future as Michael J Fox would say! An AI Risk Audit is a comprehensive assessment of the risks associated with the deployment and use of artificial intelligence (AI) systems within an organization. It aims to identify potential vulnerabilities, ethical concerns, and operational risks related to AI technologies. Let’s delve into the details:

    An AI Risk Audit involves evaluating the entire AI lifecycle, from development to deployment, to ensure that your AI systems are trustworthy, secure, and aligned with organizational goals.

    Here are the key components of an AI Risk Audit:

    1. Risk Assessment:
      • Identify and assess risks specific to AI technologies, including biases, privacy violations, security breaches, and unintended consequences.
      • Evaluate the impact of AI on stakeholders, such as customers, employees, and the broader society.
    2. Governance and Policies:
      • Review existing policies and governance frameworks related to AI.
      • Develop or enhance policies that address AI risks, ethical considerations, and compliance requirements.
      • Prepare human resource guidelines for AI use by employees and get written sign off they understand the policies.
    3. Data Quality and Bias:
      • Analyze training data for biases and fairness issues. (Especially in HR)
      • Ensure that data used for AI model training is accurate, representative, and free from discriminatory patterns.
      • Where is the data going? Where is it coming from? How are you protecting your data from intrusive AI?
    4. Model Validation and Testing:
      • Validate AI models using robust testing methodologies.
      • Assess model performance, interpretability, and robustness.
    5. Explainability and Transparency:
      • Evaluate the transparency of AI decision-making processes.
      • Implement techniques to make AI models more interpretable.
    6. Security and Privacy:
      • Assess the security of AI systems, including protection against adversarial attacks.
      • Address privacy concerns related to data handling and model outputs.
      • Review employee use of data, what software they are authorized to use and what they are using that is not authorized – potentially harmful.
    7. Complete Scorecard of AI Risk
      • Rank all AI’s being authorized for risk.
      • Rank all AI’s being used but not authorized for risk.
      • Current state AI Risk scorecard and score after applying risk mitigation strategies.
    8. Ethical Considerations:
      • Examine the ethical implications of AI, such as fairness, accountability, and transparency.
      • Ensure that AI aligns with organizational values and societal norms.

    The majority of companies have not completed an AI risk assessment and many of the corporate lawyers are trying to figure out what is “going to be legal” vs. what won’t. Since there is so little precedent and many of the laws are being written, how do you know if you should complete an AI audit?

    Five ways to assess if your organization should consider an AI audit:

    1. Complexity of AI Systems:
      • If your business relies on complex AI models, such as deep learning neural networks, natural language processing (NLP), or reinforcement learning, an audit is essential.
      • Complex models are more prone to biases, errors, and unintended consequences. An audit helps identify and mitigate these risks.
    2. Data Sensitivity and Impact:
      • Consider the sensitivity of the data used by your AI systems. If they handle personally identifiable information (PII), financial data, or health records, an audit is critical. Government compliance is coming…
      • Assess the potential impact of AI decisions on individuals or society. High-impact decisions warrant thorough scrutiny. Ethics are important.
    3. Regulatory Compliance:
      • States are putting their own laws in place before the fed does. Until then there will be a patchwork of AI laws (like in Colorado last month) that are going to be easy to trip over.
      • Stay informed about AI-related regulations in your industry and region. Many sectors have specific requirements for AI transparency, fairness, and accountability.
      • If your business operates in a regulated environment, an audit ensures compliance.
    4. Ethical and Social Implications:
      • Evaluate the ethical implications of your AI systems. Are they aligned with your organization’s values and societal norms?
      • Consider the impact on fairness, privacy, and human rights. An audit helps address these concerns.
    5. Business Goals and Risk Tolerance:
      • Align AI audit decisions with your business goals. If AI plays a critical role in achieving those goals, an audit is necessary.
      • Assess your risk tolerance. If your organization cannot afford AI failures (financially, legally, or reputation-wise), prioritize an audit.

    Five Legal Reasons an AI Risk Audit maybe Needed:

    1. Mitigate Legal and Reputational Risks:
      • Organizations face legal consequences if AI systems violate privacy laws or discriminate against certain groups.
      • A thorough audit helps prevent legal disputes and protects the organization’s reputation.
    2. Avoid Bias and Discrimination:
      • Human resources must monitor and ensure their AI is not discriminating in hiring or firing. The consequences of failure will be legally expensive.
      • Biased AI models can perpetuate discrimination and harm marginalized communities.
      • An audit identifies bias and allows corrective actions to be taken.
    3. Enhance Trust and Stakeholder Confidence:
      • Transparent and accountable AI systems build trust among customers, employees, and investors.
      • An audit demonstrates commitment to responsible AI practices. Employees see it as well as customers
    4. Optimize Performance and Efficiency:
      • Identifying risks early allows for timely adjustments, improving AI system performance. This needs to be ongoing. It isn’t set it and forget it.
      • Efficient AI systems lead to better business outcomes.
    5. Stay Ahead of Regulatory Changes:
      • Governments are increasingly regulating AI technologies.
      • Europe is first up with AI Laws, US States second and Fed likely last.
      • An audit ensures compliance with evolving regulations.
      • Piece of mind for C-Suite – An AI Risk Audit allows a good sleep with fewer Terminators popping up in bad places.

    Remember that AI Risk Audits are not one-time events; they should be conducted periodically to adapt to changing risks and advancements in AI technology.

    Evaluating whether your business needs an AI audit is crucial for ensuring responsible and effective AI deployment. The tips we provided for understanding where risk maybe, what to look for and then a score card type risk assessment needs to be maintained and upgraded on a regular basis.

    AI is here to stay (unless the Dune movie scenario takes out all the “thinking machines”). Prepare appropriately or suffer the consequences of AI gone rogue (shudder).  

    Tags: #OpenAI #SamAltman #AI #AIRisk #AIRiskmitigation #technology #humanresources #CEO #lawyer #AILaw #AILawyer

     

  • The Risks & Legal Perils of AI Right Now

    The Risks & Legal Perils of AI Right Now

    In this impressive AI Legal Panel review top NYC AI Lawyer Gary Kibel JD/MBA and AI Startup SME CEO David Forder are interviewed by David Brown MBA on the legal Risks and Rewards of AI right now.

    AI Legal Risk Topics Include:

    What are corporate employees doing that is illegal and they probably don’t know it?

    How does the C-Suite View AI from a Legal Perspective?

    What can CEO’s do right now to significantly mitigate AI Legal Risk?

    What has Europe done around AI, Data Privacy and business use, the USA may follow?

    How can you evaluate your AI software use internally?

    How do you legally protect your data against AI malfeasance?

    How do you evaluate AI from a legal perspective before deployment?

    Should Corporate AI Lawyers create new Human Resource policies specific to employee AI use?

    These are just some of the many AI legal topics we reviewed in this fascinating AI panel discussion.

  • Keeping Counsel: Five AI Privacy Concerns Haunting Corporate Lawyers Right Now!

    Keeping Counsel: Five AI Privacy Concerns Haunting Corporate Lawyers Right Now!

    While Artificial Intelligence (AI) promises efficiency and innovation, it also introduces a new realm of challenges for corporate lawyers tasked with safeguarding data privacy and mitigating risk. Here are the top 5 concerns keeping them up at night:

    1. The Data Deluge:

    • AI thrives on data, often requiring access to vast troves of employee and customer information.
    • Lawyers worry about:
      • Compliance with data privacy regulations: Ensuring adherence to complex regulations like GDPR and CCPA is a constant juggle, especially as AI algorithms collect and analyze ever-increasing data volumes.
      • Data breaches and leaks: The risk of sensitive data falling into the wrong hands through cyberattacks or accidental exposure is a major concern.

    I asked Gary Kibel a partner in the Privacy +Data Security practice group of Davis + Gilbert LLP* whether or not the standard boiler plate software contract protected corporate data? He related, that in his experience many companies don’t read the fine print and their data is being used by their software vendor. Gary’s advice to software buyers “You must read the terms and conditions of any AI service used so that you understand how the service is allowed to use your information and what obligations they are assuming.”

    2. Algorithmic Bias and Discrimination:

    • Biases present in the data used to train AI systems can lead to discriminatory outcomes in areas like hiring, promotions, or even loan approvals.
    • Lawyers fear legal repercussions due to:
      • Unintentional discrimination: Unbiased data and rigorous testing are crucial to avoid violating anti-discrimination laws.
      • Reputational damage: Public perception of bias, even if unintentional, can severely damage a company’s reputation.

    3. The Black Box Conundrum:

    • Many AI systems operate as “black boxes,” making their decision-making processes opaque and difficult to understand.
    • Lawyers grapple with:
      • Lack of transparency: Without understanding how AI arrives at its conclusions, it’s difficult to assess its reliability and explain decisions to regulators or stakeholders.
      • Accountability challenges: Holding someone accountable for AI-driven decisions becomes unclear, potentially exposing the company to legal liability.

    Everyone knows by now that information generated by AI should never be trusted 100% and that a human must be used as a final check. With that joint effort in mind, I asked Gary when a client should be informed of AI usage. He said “Be transparent with your clients. A deliverable generated with AI should never be provided without advising them how it was created.”

    4. Ownership and Control of Data:

    • When companies leverage external AI services, the question of data ownership arises.
    • Lawyers are concerned about:
      • Loss of control over sensitive data: Who owns the data used to train and operate the AI? Can it be used for unintended purposes without the company’s knowledge or consent?
      • Compliance complexities: Ensuring adherence to data residency and transfer regulations becomes intricate when dealing with third-party AI vendors.

    5. The Regulatory Wild West:

    • The rapid evolution of AI has outpaced legal frameworks, leaving many legal questions unanswered.
    • Lawyers are haunted by:
      • Uncertainty about future regulations: Emerging regulations and potential legal interpretations surrounding AI pose challenges to proactive risk management.
      • Lack of clear ethical guidelines: The absence of robust ethical frameworks can lead to unintended consequences and ethical dilemmas down the line.

    Fighting Back: AI Risk Reduction Strategies for Lawyers

    All of this is so new with so little legal precedent to guide the AI legal future I asked Gary what do Lawyers think about the AI legal future? Gary said: “Lawyers should never rely upon AI as the sole source of information or legal advice. While the services can be helpful, they are not a replacement for sound legal research and analysis.”

    While these concerns are valid, proactive strategies can help corporate lawyers mitigate risk:

    • Conduct thorough due diligence: Scrutinize AI vendors’ data security practices, data ownership policies, and compliance certifications.
    • Implement robust data governance frameworks: Establish clear guidelines for data collection, storage, usage, and disposal, ensuring compliance with relevant regulations.
    • Demand transparency and explainability: Insist on AI vendors providing insights into their algorithms’ decision-making processes to enhance trust and accountability.
    • Stay informed and engaged: Proactively keep abreast of evolving regulations and ethical discussions surrounding AI, and contribute to shaping responsible AI development.

    By actively managing these concerns and employing effective risk reduction strategies, corporate lawyers can ensure that their companies embrace the potential of AI while safeguarding data privacy, promoting ethical practices, and ultimately, sleeping a little easier at night.

    Gary Kibel is a partner in the Privacy +Data Security practice group of Davis + Gilbert LLP. Mr. Kibel regularly counsels clients with respect to new media/advertising law; privacy and data security; and information technology matters. Gary has an MBA from Binghamton University and a JD from Brooklyn Law School. For Legal assistance please contact Mr. Kibel via email [email protected]

    David is an investor and executive director at Sentia AI, a next generation AI sales enablement technology company and Salesforce partner. Dave’s passion for helping people with their AI, sales, marketing, business strategy, startup growth and strategic planning has taken him across the globe and spans numerous industries. You can follow him on Twitter LinkedIn or Sentia AI Corporate Page.